THEORETICAL AND APPLIED ASPECTS OF CRIMINAL LAW AND PROCEDURAL ENSURING THE RIGHT TO DEFENSE

Abstract

The relevance of the research stems from the growing importance of the right to defense in
Ukraine’s criminal justice system, especially under martial law, when procedural guarantees
become crucial for ensuring the rule of law. The need to harmonize national procedures with
European standards of adversarial proceedings and equality of parties highlights the necessity
of a comprehensive analysis of the current state of criminal procedural protection of the right
to defense. The purpose of the study is to clarify the legal, institutional, and practical
mechanisms for implementing the right to defense in criminal proceedings in Ukraine. The
methodological basis includes systematic, comparative legal, formal legal, and statistical
methods, enabling an integrated analysis of legislation, judicial practice, and international
reports (Council of Europe, Eurostat, UNODC, OECD).The results demonstrate that Ukraine is
gradually approaching European standards, yet key structural challenges remain: limited
access of defense attorneys to case materials, inequality of resources between the parties,
and insufficient oversight of prosecutorial actions. Indicators for 2021–2024 show growing
participation of defense attorneys alongside an increase in pre-trial investigation duration.
Comparative data reveal that funding of free legal aid in Ukraine is 2–2.5 times lower than the European average, creating practical asymmetry between the parties.The practical significance lies in recommendations to improve early access to legal assistance, strengthen judicial control, and ensure confidentiality of defense activities. The findings can support the development of justice sector strategies, improvements to criminal procedure legislation, and enhancement of legal aid effectiveness.